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Articles 2011 - 2040 of 6491
Full-Text Articles in International Trade Law
American Immigration: A Path Of Return To A Pre-Modern Ideal Of Open Immigration Policy, Zachary J. Carls
American Immigration: A Path Of Return To A Pre-Modern Ideal Of Open Immigration Policy, Zachary J. Carls
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Mystery Of The Corporate Veil: Comparing Anglo-American Jurisdictions, Peter N. Levenberg, Sc
The Mystery Of The Corporate Veil: Comparing Anglo-American Jurisdictions, Peter N. Levenberg, Sc
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Neutrality, Independence And Impartiality In International Commercial Arbitration, A Fine Balance In The Quest For Arbitral Justice, Ronán Feehily
Neutrality, Independence And Impartiality In International Commercial Arbitration, A Fine Balance In The Quest For Arbitral Justice, Ronán Feehily
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Precarious Childhood: Law And Its (Ir)Relevance In The Digital Lives Of Children, Liat Franco, Shulamit Almog
Precarious Childhood: Law And Its (Ir)Relevance In The Digital Lives Of Children, Liat Franco, Shulamit Almog
Penn State Journal of Law & International Affairs (2012 - Present)
This research provides insight to the way children perceive law and its relevance in the digital realm drawing on in- depth semi-structured interviews with sixty-six eighth- and ninth-grade students from three different Israeli middle schools. According to the findings, children experience the digital world as a precarious environment. Most children interviewed where unaware of or misunderstood relevant legal norms designed to protect web users in general and children in particular. Moreover, children experienced a lack of legal or other appropriate responses to severe incidents of cyberbullying that they experienced firsthand or witnessed as bystanders. Even though children are considered by …
Game Of Thrones: The Qatar Crisis, Forced Expulsions On The Arabian Peninsula, Christopher R. Rossi
Game Of Thrones: The Qatar Crisis, Forced Expulsions On The Arabian Peninsula, Christopher R. Rossi
Penn State Journal of Law & International Affairs (2012 - Present)
In an extraordinary move, reflecting the Arabian Peninsula’s worst diplomatic dispute in decades, the UAE, Saudi Arabia, Bahrain, and Egypt have expelled Qatari nationals and imposed an air and sea blockade against Qatar because of its alleged support of terrorist organizations. In June 2018, Qatar filed suit against the UAE at the International Court of Justice, alleging discrimination in violation the International Convention on the Elimination of All Forms of Racial Discrimination. This Article explores the problem of forced expulsion and the utility of formal judicial redress at the level of the ICJ. Borrowing from the frame analysis of Erving …
Foreword
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Table Of Contents
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Dedication
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Jlia Masthead 2018-2019
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Intricate Relationship Between Intellectual Property Exhaustion And Free Movement Of Goods In Regional Organizations: Comparing The Eu/Eea, Nafta, And Asean, Irene Calboli
Faculty Scholarship
This article explores the relationship between national rules on the exhaustion of intellectual property (IP) rights and cross-border trade within regional organizations. In particular, this article compares three distinct approaches adopted by: the European Union (EU); the North American Free Trade Area (NAFTA); and the Association of South East Asian Nations (ASEAN). Based on this comparison, this article concludes that in order to effectively promote the free movement of goods, members of regional organizations need to consistently adopt national policies on IP exhaustion that support, at least, a system of regional exhaustion such as currently found in the EU. However, …
Improving Human Rights Compliance In Supply Chains, Kishanthi Parella
Improving Human Rights Compliance In Supply Chains, Kishanthi Parella
Scholarly Articles
Corporations try to convince us that they are good global citizens: “brands take stands” by engaging in cause philanthropy; CEOs of prominent corporations tackle a variety of issues; and social values drive marketing strategies for goods and services. But despite this rhetoric, corporations regularly fall short in their conduct. This is especially true in supply chains where a number of human rights abuses frequently occur. One solution is for corporations to engage in meaningful human rights due diligence that involves monitoring human rights, reporting on social and environmental performance, undertaking impact assessments, and consulting with groups whose human rights they …
The Role Of International Rules In Blockchain-Based Cross-Border Commercial Disputes, Tonya M. Evans
The Role Of International Rules In Blockchain-Based Cross-Border Commercial Disputes, Tonya M. Evans
Law Faculty Scholarship
[excerpt] The concept of online dispute resolution (ODR) is not new. 1 But, with the advent of Web 3.0, the distributed web that facilitates pseudonymous and cross-border transactions via blockchain's distributed ledger technology, 2 the idea of, and pressing need for, appropriate dispute resolution models for blockchain-based disputes to support this novel system of distributed consensus and trust of which blockchain proponents boast, is a primary concern in rapid development. 3 The common goal of each project is to utilize smart contracts to facilitate "superior, quicker[,] and less expensive proceedings by eliminating so many of the tedious and protracted trappings …
Forced Technology Transfer And The Us-China Trade War: Implications For International Economic Law, Julia Ya Qin
Forced Technology Transfer And The Us-China Trade War: Implications For International Economic Law, Julia Ya Qin
Law Faculty Research Publications
No abstract provided.
The Casualty Of Investor Protection In Times Of Economic Crisis, Kathleen Claussen
The Casualty Of Investor Protection In Times Of Economic Crisis, Kathleen Claussen
Articles
No abstract provided.
The Return Of Deregulation And Trickle-Down Economics In The Age Of Trump: Why The Efficient Market Hypothesis Refuses To Die And The Implications For U.S. Economic Policy At Large, 5 J. Marshall Global Mkt. L.J. 1 (2019), Matthew Glass
John Marshall Global Markets Law Journal
The 2008 market collapse created economic devastation not seen in the United States since the Great Depression. More than a decade later, the reappearance of a fiscal agenda rooted in deregulation and trickle-down economics risks a return to the boom and bust cycles that have unfailingly wrought great economic pain on the American people. The ever-increasing inequality gap between the rich and poor is particularly concerning.
Should Cryptocurrencies And Initial Coin Offerings (Icos) Be Regulated Under Australian Financial Services Laws?, 5 J. Marshall Global Mkt. L.J. 27 (2019), Daniela Lai
John Marshall Global Markets Law Journal
The rise of the popularity of cryptocurrencies in the last few years has sparked international debate as to the characterization of cryptocurrencies and tokens issued by ICOs. The decentralized nature of cryptocurrencies and ICOs raises fundamental challenges as to the parties and tokens that should be regulated and how they should be regulated. This Article proposes that tokens which are similar to securities should be regulated like securities. Under Australian law, this Article proposes that digital currencies should be categorized as financial products with the exception of utility tokens. Entities issuing ICOs and cryptocurrency exchanges should be subject to disclosure …
Replacing Libor: Dangerous Improvisation, 5 J. Marshall Global Mkt. L.J. 49 (2019), Karl Muth
Replacing Libor: Dangerous Improvisation, 5 J. Marshall Global Mkt. L.J. 49 (2019), Karl Muth
John Marshall Global Markets Law Journal
.
Cross-Border Scope Of Private Cause Of Action Under The Commodity Exchange Act, 5 J. Marshall Global Mkt. L.J. 58 (2019), Alina Petrova
Cross-Border Scope Of Private Cause Of Action Under The Commodity Exchange Act, 5 J. Marshall Global Mkt. L.J. 58 (2019), Alina Petrova
John Marshall Global Markets Law Journal
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A Mathematical Solution To The Sine Of Madness That Is Pharmaceutical Compulsory Licensing Under The Trips Agreement And The Doha Declaration, Ashley E. Sperbeck
A Mathematical Solution To The Sine Of Madness That Is Pharmaceutical Compulsory Licensing Under The Trips Agreement And The Doha Declaration, Ashley E. Sperbeck
Marquette Intellectual Property Law Review
A viable economic solution is necessary to address the shortcomings, textual ambiguities, and deficiencies engulfing international patent protection, leading to the inability of LDCs facing public health crises or national emergencies and lacking pharmaceutical manufacturing facilities to obtain generic pharmaceuticals. This Note poses a solution to this problem via another Amendment to the TRIPS Agreement and the Doha Declaration, which provides a mathematical framework to determine when and under what circumstances a compulsory license should be granted. Furthermore, this Note contemplates establishment of a WTO subcommittee to oversee this proposed solution and to ensure compliance with this Amendment. This concrete …
Can “Imfcoin” Be Scaruffi's Moneta Immaginaria?, Alexander M. Heideman
Can “Imfcoin” Be Scaruffi's Moneta Immaginaria?, Alexander M. Heideman
Marquette Intellectual Property Law Review
Cryptocurrencies have taken the world by storm. But these decentralized and unregulated digital fiat currencies have more in common with the currencies of ages past than many believe. These commonalities may result in the incorporation of new cryptocurrencies into older institutions. One such institution is the International Monetary Fund's Special Drawing Rights (SDRs), which has bene relegated to an afterthought in the international monetary system since the Nixon Shock in 1971. The Fund's Managing Director recently made comments that indicated that the Fund is exploring the incorporation of a cryptocurrency into the framework of the SDR, a change which China …
Finding A Forest Through The Trees: Georgia-Pacific As Guidance For Arbitration Of International Compulsory Licensing Disputes, Karen Mckenzie
Finding A Forest Through The Trees: Georgia-Pacific As Guidance For Arbitration Of International Compulsory Licensing Disputes, Karen Mckenzie
Marquette Intellectual Property Law Review
This paper will examine the challenges of international compulsory licensing by examining the issue historically and legally as well as offer possible solutions. Thus, this paper will explore the challenge of balancing corporate interests against the affordability and availability of pharmaceuticals by focusing on discrete situations in developing countries, the history of compulsory licensing, and how the World Health Organization (the “WHO”) and the WTO have attempted to tackle these challenges through compulsory licensing, and it will suggest a possible framework for use in arbitration, which balances equities through a Georgia-Pacific analysis.
Controlling Cargo: Amazon’S Predatory Attempt To Disrupt The Fashion Industry By Dominating The International Transportation Of Goods, Mary Kate Brennan
Controlling Cargo: Amazon’S Predatory Attempt To Disrupt The Fashion Industry By Dominating The International Transportation Of Goods, Mary Kate Brennan
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Thou Shalt Not Steele: Reexamining The Extraterritorial Reach Of The Lanham Act, James C. Gracey
Thou Shalt Not Steele: Reexamining The Extraterritorial Reach Of The Lanham Act, James C. Gracey
Vanderbilt Journal of Entertainment & Technology Law
US courts have applied domestic trademark law to actions taken outside of the United States's borders for years, but the US Supreme Court recently revamped the presumption against extraterritoriality, a canon of statutory interpretation. The presumption against extraterritoriality promotes a judicial means of respecting the sovereignty of foreign states by disallowing the application of domestic law to foreign acts. However, the Supreme Court interpreted the Lanham Act, the United States's domestic trademark law, to have extraterritorial reach in Bulova Watch Co. v. Steele. This Note traces the recent evolution and strengthening of the presumption before analyzing how circuit courts have …
Intellectual Property: A Beacon For Reform Of Investor-State Dispute Settlement, Daniel Gervais
Intellectual Property: A Beacon For Reform Of Investor-State Dispute Settlement, Daniel Gervais
Michigan Journal of International Law
This Article attempts to resolve clashes between intellectual property and investor-state dispute settlement (“ISDS”). ISDS clauses contained in bilateral, plurilateral, or multilateral trade and investment agreements give multinational investors (corporations) a right to sue a state in a binding proceeding before an independent arbitral tribunal. This jurisgenerative right to file a claim against a state in an international tribunal with mandatory jurisdiction is exceptional; it is generally reserved to other states. Only multinational corporations can use ISDS to file claims against states in which they invest, provided the state is party to a bilateral investment treaty (“BIT”) or a trade …
The Decline Of Online Piracy: How Markets - Not Enforcement - Drive Down Copyright Infringement, João Pedro Quintais, Joost Poort
The Decline Of Online Piracy: How Markets - Not Enforcement - Drive Down Copyright Infringement, João Pedro Quintais, Joost Poort
American University International Law Review
No abstract provided.
Defeating The Object And Purpose Of The Arms Trade Treaty: An Analysis Of Recent U.S. Arms Sales To Saudi Arabia, William Pons
Defeating The Object And Purpose Of The Arms Trade Treaty: An Analysis Of Recent U.S. Arms Sales To Saudi Arabia, William Pons
American University International Law Review
No abstract provided.
Africa Can Drum Up Large Infrastructure Deals With Food, Dunia P. Zongwe
Africa Can Drum Up Large Infrastructure Deals With Food, Dunia P. Zongwe
American University International Law Review
No abstract provided.
Something Else: Specific Relief For Break Of Human Rights Terms In Supply Chain Agreements, Jonathan C. Lipson
Something Else: Specific Relief For Break Of Human Rights Terms In Supply Chain Agreements, Jonathan C. Lipson
American University Law Review
No abstract provided.
The Next Global Disruptive Innovation: Can Mobile Money Make The Journey Upmarket To Disrupt The Financial Services Industry?, David Myerson
The Next Global Disruptive Innovation: Can Mobile Money Make The Journey Upmarket To Disrupt The Financial Services Industry?, David Myerson
Northwestern Journal of International Law & Business
No abstract provided.
Investor-State Dispute Settlement In The Digital Economy: The Case For Structured Proportionality, Robert Ginsburg
Investor-State Dispute Settlement In The Digital Economy: The Case For Structured Proportionality, Robert Ginsburg
Northwestern Journal of International Law & Business
The surge of economic nationalism and cross-border technology investments foreshadows disputes between inbound investors and host governments. While cross-border technology transfer is essential for economic development in many countries, host governments retain the right to safeguard citizens against potential consequences of such investments. The tension between these two concepts provides a significant challenge to the future of foreign direct investment and the global economy. For these reasons, legislators and arbitrators must develop and enforce regulations that protect public interests while enabling investors to successfully operate in the host country. In anticipation of these disputes, this article will explain how arbitral …